DAH SING BANK LTD 對 何居禮

DAH SING BANK LTD 對 何居禮

The defendant's seven‑month unexplained delay was serious; he failed to demonstrate a real prospect of success on appeal and provided no reasonable explanation or additional reason to justify a stay. Therefore the court refused to extend time for filing the appeal and refused the stay of execution; costs were...

Source-derived case information.

Citation
[2025] HKDC 27
Parties
Plaintiff: Dah Sing Bank, Limited; Defendant: Ho Kui Lai Richard (何居禮)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
8 January 2025
Case Number
DCMP4572/2022
Procedural Posture
Application Under Order 88, District Court Rules (mortgage Enforcement/possession) / Application for Extension of Time to File Appeal and Application for Stay of Execution (decided)
Outcome
Application for extension of time to file appeal dismissed; application for stay of execution dismissed; costs awarded to plaintiff.
Legal Topics
Extension of Time to File Appeal, Stay of Execution, Possession Order, Interest Calculation, Costs
Source Language
ch
Civil Procedure Mortgage Enforcement Appeal Possession Extension of Time to File Appeal Stay of Execution Possession Order Interest Calculation +1 more

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Parties

Dah Sing Bank, Limited

Plaintiff

Ho Kui Lai Richard (何居禮)

Defendant

Procedural Posture

Application Under Order 88, District Court Rules (mortgage Enforcement/possession) / Application for Extension of Time to File Appeal and Application for Stay of Execution (decided)

  1. 1 Whether to extend time for filing an appeal against the registrar's decision
  2. 2 Whether the proposed appeal has a real prospect of success
  3. 3 Whether to grant a stay of execution pending appeal

Ratio Decidendi

The defendant's seven‑month unexplained delay was serious; he failed to demonstrate a real prospect of success on appeal and provided no reasonable explanation or additional reason to justify a stay. Therefore the court refused to extend time for filing the appeal and refused the stay of execution; costs were awarded to the plaintiff.

Court Disposition

Application for extension of time to file appeal dismissed; application for stay of execution dismissed; costs awarded to plaintiff.

Orders

  • Application for extension of time to file appeal is dismissed.
  • Application for stay of execution is dismissed.